Moore Receives Unprecedented Suspension in Alabama History

MONTGOMERY, AL -- Chief Justice Roy Moore was given an unprecedented judicial suspension when the Court of the Judiciary (COJ) unlawfully suspended him on September 30 for the remainder of his term, which runs through January 2019. In 2001-2002, COJ Rule 16 was amended to require a unanimous 9-0 vote to remove a judge from office.

The longest suspension of any Alabama judge under amended Rule 16 is 180 days, or six months.Therefore, Chief Justice Moore's suspension of 28 months is four times longer than the longest judicial suspension in Alabama history under amended Rule 16. Since Rule 16 was amended, no judge until now has ever been suspended for the rest of a term without pay. "To remove a judge under Rule 16 requires a 9-0 vote. The COJ did not have the required 9-0 votes, so the case should have been dismissed. Instead, the COJ violated the law and removed the Chief by suspending him for the rest of his term. This is illegal," said Mat Staver, Founder and Chairman of Liberty Counsel. This unprecedented punishment by the COJ is much worse than removal because the Chief is left without salary, benefits and the ability to receive retirement or earn any income. When his term expires in January 2019, Chief Justice Moore cannot run again for election as a judge due to his age. Therefore, the suspension until the end of his term is a de facto removal from the bench and is far more punitive. Justice Stuart's letter demanding Chief Justice Moore remove his personal items from his office, and the other three justices who joined her to terminate three of Moore's staff attorneys, illustrates they are treating the COJ decision as removal. But Rule 16 provides that the COJ must have a 9-0 vote to remove a judge, which the COJ admitted it did not have the unanimous vote. "This is another example that Chief Justice Moore's punishment is based on politically-motivated charges and nothing to do with the law," said Staver. "The Chief did nothing wrong. Yet, a judge who was sexting with a litigant or a judge who sets aside a rape conviction only gets a hand slap? Where is the justice? The Court of the Judiciary is calling its own shots by overstepping history and the law to remove Chief Justice Moore from the bench. The rule of law should always trump political agendas." "Liberty Counsel has filed an appeal of the decision with the Alabama Supreme Court and a request that four of the sitting justices should be recused," said Staver